Thèse--Université de Louvain. / Errata slip, laid in. "Bibliographie": p. 1-5.

Thesis (J.D.)--Columbia University, 1930. / Vita. Published also without thesis note. "Table of cases": p. 335-359.

Thesis (L.L.M.)--University of Toronto, 2002. / Includes bibliographical references (leaves 138-147).

Thesis (J.D.)--Columbia University, 1930. / Vita. Published also without thesis note. "Table of cases": p. 335-359.

Thesis (doctoral)--Universität Bern, 1983. / Includes bibliographical references (p. vii-xi).

The discussion examines the idea that because of its relatively unique nature, commercial law has the distinct ability to evolve and function in the absence of a central coercive authority. While law of a non-commercial nature generally requires the backing of a state through which to derive its efficacy, a great deal of commercial law as it exists today evolves often in the absence of a single coercive authority, shaped largely by market forces outside the purview of any one state power. To this end, we look primarily at transnational commercial law, specifically at what is commonly understood as the new law merchant. It is the central contention of this paper that commercial law stands apart from other forms of law in that it is uniquely equipped to generate norms in situations where a single legislative power is notably not present, as it is largely impacted by the choices and behaviour of individual economic actors. We examine the notion that the manner of interaction implied by commercial intercourse involves a higher degree of overall engagement. This we term ‘high engagement’, which we divide into two elements: repetition and game creation, which with reciprocity, works in tandem to produce identifiable legal norms and the subsequent compliance with them. In Part I, after presenting a brief overview of the idea of reciprocity and spontaneous law theory, a more detailed explanation of the notion of engagement is offered. In Part II, we set out exactly how high engagement facilitates the development of and compliance with legal norms. Finally, the conclusion this paper reaches is that this element of high engagement, a salient characteristic of commercial interaction, plays a decisive role in the ability of commercial law to evolve and function in the vacuum of a central legislative authority. / Law, Faculty of / Graduate

Corruption adversely affects various aspects of economic activity, including international trade. As corruption affects international trade in a number of ways, various countries and international organisations have made co-ordinated efforts to effectively control corruption in general and in the context of international trade. Despite the World Trade Organization's role as a body for making and enforcing international trade rules, it has not actively participated in the fight against corruption in the trade arena. This paper explores why the World Trade Organization has made no anti-corruption initiatives and provides a review of the current role that is played by the organization in the international anti-corruption movement, through its existing framework. The study also includes a review of the different instruments put in place by other organisations and countries that have actively participated in combating corruption in international trade, and whether the World Trade Organization should follow-suit.

Online Arbitration is an online alternative dispute resolution (OADR) process that resolves disputes without litigation outside national courts. Due to globalisation and increased e-commerce, international commercial online arbitration has become more important and it is therefore essential to look at the legal and technical requirements for a more effective international online arbitration regime or lex electronica arbitralis, specifically focused on disputes that arise from cross-border, low value e-commerce transactions for both goods and services, and especially between online businesses and consumers (B2C), but also between online businesses (B2B). The lex electronica arbitralis should lead to swift outcomes that will be able to be enforced efficiently anywhere in the world, without impairing the requirements of accountability, due process, efficiency, impartiality, independence, fairness, transparency, etc. The 'UNCITRAL Technical Notes on ODR of 2016' follows a non-binding guideline format, so there is currently no legal outline that exclusively regulates online arbitration. Due to this lacuna, the guidelines of the 'Technical Notes' and rules of traditional international commercial arbitration will have to be used as far as they accommodate online arbitration. Due to its unique features, online arbitration however needs an exclusive set of rules that will deal with its legal and technical requirements. The most comprehensive manner to have realised an online arbitration regime or lex electronica arbitralis would have been by the proposed 'UNCITRAL Draft Procedural Rules (DPR) on OADR for Cross-Border E-Commerce Transactions'. Unfortunately, since Working Group III (WG.III), who was mandated by UNCITRAL to compile the 'DPR', could not manage to reach consensus on many aspects, the 'Technical Notes' was adopted instead. The thesis will review WG.III's progress to complete the 'DPR' and how it eventually led to the adoption of the 'Technical Notes'. The 'Technical Notes' still leaves many questions and uncertainties on many of online arbitration's legal and technical requirements that will be pointed out. The thesis will indicate that these legal and technical requirements do not compose insurmountable challenges, but that UNCITRAL will have to address them when they decide to revise the 'Technical Notes' in the future or when they decide to compile a set of legal standards exclusively for online arbitration in the future. The focus will also be directed to the future of international arbitration legislation in a developing country such as SA, while a plea is made to SA lawmakers to make provision for online arbitration.

Pricing in the market is the most sensitive part of trade. It is through pricing where the buyers are able to acquire goods and it is through it also that the sellers get their profit. Pricing of commodities can be said to be the lifeline of trade and also the lifeline of competition. Competition law, in addition to other factors such as quality of goods and their availability, also deal with the issue of pricing of goods. It is touted that competition law has a strong inclination to supervise pricing of commodities and how the conduct of market players influence pricing of goods. Competition law does this by making the market as competitive as possible in order to prevent any firm from dictating prices. It short, it strives to make the firms in the market to be price takers and not price setters as a way of reigning in on high prices in the market. However, in certain circumstances the competition laws become unable to supervise the market. In times such as those, the governments have been forced to intervene through other laws and policies in order to protect the market from possible abuse. This study looked at government intervention in the market through price control legislation. Price control legislation is a legislation that gives the government powers to artificially set prices of commodities. This is done in those dire circumstances where the market out of unforeseeable circumstances, is unable to be competitive. Examples of such instances include national crises, innovations and legal huddles. Price control legislations unlike the traditional competition laws are not created to promote competition per se. They are created on the back of competitive conduct to provide a safety net to consumers from exploitative activities of producers in instances where the influence of competition laws is ineffective. Price control legislations are there to make sure that when all competition laws and interventions are unable to protect consumers from the condition of the market and the exploitative actions of the producers, then there are certain laws created as a safety net to the consumers. Price control is used to mitigate the circumstances that make it impossible for the market through competition to control pricing of commodities. Currently, price control is becoming a prevalent way oftarning prices in many jurisdictions. A policy used in the medieval times in simple markets, with little or no inclination towards the market, has now become more imposing even in the most sophisticated markets. Price controls in areas like Canada and the European Union are being used together with competition laws to cater for areas where the governments feel that the market is not competitive enough and competition laws are not effective. In other areas such as Zimbabwe, it is being abused for political purposes to influence prices against a competitive market and the competition laws. What is clear and true is that price control having both an immediate impact and being effective, is one mechanism that has far reaching and substantial effects on the competitiveness in the market. With its target being the most sensitive area of trade, this makes it a very important policy issue that competition lawyers should not ignore. Price control ability of superseding the market mechanism of supply and demand, to impose prices and the way it is implemented gives it the power to reduce and even kill competition in a particular market. That is why it is imperative to understand this safety net as competition lawyers in order to know whether it is needed and if so how we can limit its negative effects in the market.

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